Organising a Child Custody Agreement

Tindall Gask Bentley Family and Divorce lawyer Jane Miller writes about the child custody process after separation.

I have just split with my partner, what should happen with my children?

Where possible you should maintain open lines of communication with the other parent to develop a living arrangement for your children that meets their needs best. It might be appropriate to seek assistance from a mediator or counsellor to develop a plan.

However, open communication between the parents is not always feasible. Sometimes there are allegations of violence, neglect or a significant amount of animosity between the separating couple. In those situations, each party should seek legal advice to find out what a Court would be likely to implement and also see if an agreement can be negotiated. For example, the lawyer might write to the other party with a proposal that could recommend mediation or in more urgent circumstances the need to take the matter to Court.

What if an amicable agreement has already been reached?

It is important to formalise the agreement, either through a parenting plan or a consent order which can be lodged to the Court. This provides security and certainty, ensuring that the agreement will remain in place. It is also enforceable, which means that if a parent breaches the agreed terms they could find themselves in hot water and back in Court.

Once the binding agreement is formalised, it stays in place until the children are adults. However, if circumstances change down the track, parents can ask the Court to make changes to the order. You will need to satisfy the Court that something significant has changed, such as a development in the children’s lives or the agreement is no longer satisfies their wishes. Sometimes this occurs as the child gets older. Both parties can also negotiate for the agreement to be amended if they believe that it no longer meets their children’s needs.

For these reasons, your lawyer should recommend anticipating future changes to a child’s needs as they grow older and build that into the agreement.

TGB is South Australia’s largest family law firm. For advice in Adelaide, Perth or Darwin contact us.